| JASON O. CHAMPION V THE ESTATE OF MARION CHWALEK NANCY PORTER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF MARION |
| Motion No: CA 16-01361 |
| Slip Opinion No: 2016 NY Slip Op 83621(U) |
| Decided on August 24, 2016 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-01361
| JASON O. CHAMPION, PLAINTIFF-RESPONDENT, V THE ESTATE OF
MARION CHWALEK, DEFENDANT, NANCY PORTER, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF MARION CHWALEK, DECEASED,
DEFENDANT-APPELLANT, AND ROSEMARY NICOTERA, DEFENDANT-RESPONDENT. |
Respondent Jason O. Champion having moved to dismiss the appeal taken herein from order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Oneida on August 20, 2015, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Stephen Ciotoli, Esq., dated August 2, 2016, the notice of motion with proof of service thereof, and the affidavit of Ralph W. Fusco, Esq., sworn to August 8, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed on the ground that the appeal was previously dismissed pursuant to 22 NYCRR 1000.12 (b).
Entered: August 24, 2016
Frances E. Cafarell, Clerk